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Texas Penal Code - Section 43.26. Possession Or Promotion Of Child Pornography

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 43.26. Possession Or Promotion Of Child Pornography

§ 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. (a) A person commits an offense if: (1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct; and (2) the person knows that the material depicts the child as described by Subdivision (1). (b) In this section: (1) "Promote" has the meaning assigned by Section 43.25. (2) "Sexual conduct" has the meaning assigned by Section 43.25. (3) "Visual material" means: (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method. (c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section. (d) An offense under Subsection (a) is a felony of the third degree. (e) A person commits an offense if: (1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and (2) the person knows that the material depicts the child as described by Subsection (a)(1). (f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material. (g) An offense under Subsection (e) is a felony of the second degree. Added by Acts 1985, 69th Leg., ch. 530, § 2, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 361, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 968, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 14.51, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 933, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1415, § 22(c), eff. Sept. 1, 1999.

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